Page 3 - QVM Legal - Quality, Value and Metrics
P. 3
QVM - Quality, Value, and Metrics
Stephen J. McGarry1
Abstract
The legal profession has operated under ethical standards defined by more than 100 institutions. The
scope of ethics rules vary from country to country.2 Though recent versions are more aspirational, their
common denominator is they are “Thou shalt nots.” While not uniform worldwide, they are generally
based upon the principle of protecting the unsophisticated client. They generally do not address the
expectations of the business or the institutional client that assumes their attorney complies with ethics
rules.
What do not exist are qualitative measurable standards related to business law. Measurable quality
standards are very different in that they presume fundamental adherence to ethical principles. Until
recently, measurable standards were particularly difficult to quantify. Today, it is both practical and
possible to objectively quantify them. Effectiveness and efficiency can be measured based upon
standards. As the ethical standards are being harmonized, the measurable quality standards also
deserve to be harmonized or at least unified globally.
Today, the lack of any established measureable standards means that the four interested constituencies
– bar associations, lawyers and law firms, new LPO models, and business/institutional clients – have a
truly unique opportunity to establish them almost on a tabula rasa.
This paper serves as a guide to accomplishing this objective globally by setting out the constituencies,
specific questions on resources, and an example of legal practice quality developed by the Law Society
of England and Wales, which is called Lexcel. Appendix 1 will identify key individuals to invite to
participate in the process.
1 B.A., M.A., J.D., and LL.M. (Taxation), founded World Services Group (WSG), a multidisciplinary network, in 2002. As president,
he grew it to 150 firms that have 21,000 professionals in 600 offices in more than 100 countries. In 1989, McGarry founded Lex
Mundi, the world’s largest law firm network. As president, he grew it to 160 law firms that today have 21,000 attorneys in 600
offices in 100-plus countries. These two networks represent 2 percent of all the lawyers on earth, whose members bill their
clients an estimated $20 billion dollars annually. In 1995, he founded HG.org, one of the first legal websites. Today, it is among
the world’s largest legal sites with more than 10 million pages and 1.3 million unique users who download almost 2 million
pages monthly. In 2015, McGarry created the Association of International Law Firm Networks, or AILFN, an association of law
firm networks. It has published an online directory of the 50 largest networks: Locate Law Networks. An app, Requests for
Qualifications, allows potential clients to refer business to network members. The 50 networks have more than 300,000 lawyers
in 5,000 offices, cumulatively billing clients $120 billion dollars annually.
McGarry is admitted by exam to the bars of Minnesota, Texas, and Louisiana. In 2002, American Lawyer Media (ALM)
published his treatise, Multidisciplinary Practices and Partnerships. McGarry has authored numerous articles on associations
and international business. In 2015, he published Leaders in Legal Business, which has been downloaded more than 15,000
times. His most recent publication is The Handbook – Law Firm Networks (2017). He is an avid painter. Observations and
opinions are those of the author and not of any organization or any member of an organization.
2 The trend is to harmonize ethical rules. Andrew Boon, The Globalization of Professional Ethics? The Significance of Lawyers’ International
Codes of Conduct, ACADEMIA,
http://www.academia.edu/179509/The_Globalization_of_Professional_Ethics_The_Significance_of_Lawyers_Inter
national_Codes_of_Conduct; see also USPTO, HARMONIZED ETHICAL STANDARDS, THE NEW USPTO RULES OF ETHICAL STANDARDS,
https://www.uspto.gov/ip/boards/oed/TM_OED_Slides_9July2013.pdf; see also Laurence Etherington & Robert Lee, Ethical
Codes and Cultural Context: Ensuring Legal Ethics in the Global Law Firm, IND. J. OF GLOBAL LEGAL STUDIES (2007),
http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1346&context=ijgls; see also Susan Saab Fortney,
Challenges and Guidance for Lawyering in a Global Society, 38 ST. MARY’S L. J. 849, 850 (2007); see also Laurel Terry, Putting the Legal
Profession’s Monopoly on the Practice of Law in a Global Context, 82 FORDHAM L. REV. 6, http://fordhamlawreview.org/wp-
content/uploads/assets/pdfs/Vol_82/No_6/Terry_May.pdf.
2
Stephen J. McGarry1
Abstract
The legal profession has operated under ethical standards defined by more than 100 institutions. The
scope of ethics rules vary from country to country.2 Though recent versions are more aspirational, their
common denominator is they are “Thou shalt nots.” While not uniform worldwide, they are generally
based upon the principle of protecting the unsophisticated client. They generally do not address the
expectations of the business or the institutional client that assumes their attorney complies with ethics
rules.
What do not exist are qualitative measurable standards related to business law. Measurable quality
standards are very different in that they presume fundamental adherence to ethical principles. Until
recently, measurable standards were particularly difficult to quantify. Today, it is both practical and
possible to objectively quantify them. Effectiveness and efficiency can be measured based upon
standards. As the ethical standards are being harmonized, the measurable quality standards also
deserve to be harmonized or at least unified globally.
Today, the lack of any established measureable standards means that the four interested constituencies
– bar associations, lawyers and law firms, new LPO models, and business/institutional clients – have a
truly unique opportunity to establish them almost on a tabula rasa.
This paper serves as a guide to accomplishing this objective globally by setting out the constituencies,
specific questions on resources, and an example of legal practice quality developed by the Law Society
of England and Wales, which is called Lexcel. Appendix 1 will identify key individuals to invite to
participate in the process.
1 B.A., M.A., J.D., and LL.M. (Taxation), founded World Services Group (WSG), a multidisciplinary network, in 2002. As president,
he grew it to 150 firms that have 21,000 professionals in 600 offices in more than 100 countries. In 1989, McGarry founded Lex
Mundi, the world’s largest law firm network. As president, he grew it to 160 law firms that today have 21,000 attorneys in 600
offices in 100-plus countries. These two networks represent 2 percent of all the lawyers on earth, whose members bill their
clients an estimated $20 billion dollars annually. In 1995, he founded HG.org, one of the first legal websites. Today, it is among
the world’s largest legal sites with more than 10 million pages and 1.3 million unique users who download almost 2 million
pages monthly. In 2015, McGarry created the Association of International Law Firm Networks, or AILFN, an association of law
firm networks. It has published an online directory of the 50 largest networks: Locate Law Networks. An app, Requests for
Qualifications, allows potential clients to refer business to network members. The 50 networks have more than 300,000 lawyers
in 5,000 offices, cumulatively billing clients $120 billion dollars annually.
McGarry is admitted by exam to the bars of Minnesota, Texas, and Louisiana. In 2002, American Lawyer Media (ALM)
published his treatise, Multidisciplinary Practices and Partnerships. McGarry has authored numerous articles on associations
and international business. In 2015, he published Leaders in Legal Business, which has been downloaded more than 15,000
times. His most recent publication is The Handbook – Law Firm Networks (2017). He is an avid painter. Observations and
opinions are those of the author and not of any organization or any member of an organization.
2 The trend is to harmonize ethical rules. Andrew Boon, The Globalization of Professional Ethics? The Significance of Lawyers’ International
Codes of Conduct, ACADEMIA,
http://www.academia.edu/179509/The_Globalization_of_Professional_Ethics_The_Significance_of_Lawyers_Inter
national_Codes_of_Conduct; see also USPTO, HARMONIZED ETHICAL STANDARDS, THE NEW USPTO RULES OF ETHICAL STANDARDS,
https://www.uspto.gov/ip/boards/oed/TM_OED_Slides_9July2013.pdf; see also Laurence Etherington & Robert Lee, Ethical
Codes and Cultural Context: Ensuring Legal Ethics in the Global Law Firm, IND. J. OF GLOBAL LEGAL STUDIES (2007),
http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1346&context=ijgls; see also Susan Saab Fortney,
Challenges and Guidance for Lawyering in a Global Society, 38 ST. MARY’S L. J. 849, 850 (2007); see also Laurel Terry, Putting the Legal
Profession’s Monopoly on the Practice of Law in a Global Context, 82 FORDHAM L. REV. 6, http://fordhamlawreview.org/wp-
content/uploads/assets/pdfs/Vol_82/No_6/Terry_May.pdf.
2
